Abused and neglected youths granted immigration protections are being detained and deported
Abused and neglected youths eligible for green card detained and deported
Young immigrants who faced abuse or neglect were given access to a green card pathway designed to offer legal residency. However, under the Trump administration, many of these children were subsequently detained and deported. Between January 20 and December 22 of the previous year, U.S. Immigration and Customs Enforcement (ICE) detained 265 and deported 132 individuals with Special Immigrant Juvenile Status (SIJS), as revealed in a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., exclusively shared by NBC News.
“They are tearing them away from the stability they’ve built, the lives they’re pursuing through their path to permanent protection,” said Rachel Davidson, director of the End SIJS Backlog Coalition, a group affiliated with the National Immigration Project.
Legal framework for SIJS
SIJS was established in 1990 by Congress to safeguard immigrant minors who endured abuse, abandonment, or neglect in their home countries. This status allows them to remain in the U.S. and eventually obtain green cards. To qualify, applicants must be under 21 years old when they seek the designation.
Due to delays in processing green card applications, a policy known as deferred action provided temporary relief for SIJS recipients since 2022. This policy protected them from deportation and enabled legal employment while they awaited visa approvals. However, in June, the Trump administration discontinued this measure, though the policy remains under review in a court case.
DHS response and ongoing cases
The Department of Homeland Security stated that SIJS “does NOT confer lawful status,” and claimed the program is “infected with fraud and abuses” as “hundreds of suspected and confirmed adult gang members” were admitted during the Biden administration. Sen. Cortez Masto emphasized that these youths are “fleeing their countries in horrific conditions” and that specific legal provisions were created to ensure their safety and prevent further harm.
Emma Israel, a senior policy analyst at Kids in Need of Defense, noted the deportation numbers were “much higher than we expected.” The DHS reported that those deported faced immigration violations such as entering the U.S. without proper authorization or lacking valid visas. Federal records did not clarify if any of the individuals had criminal convictions.
The case of Elias
A 16-year-old named Elias was deported to Guatemala in May 2025 despite being granted SIJS in July 2024. Elias arrived in the U.S. alone at age 14 in 2023 after enduring “severe physical and emotional abuse and neglect at the hands of his mother,” according to court documents. He was placed with his father and relatives in Louisiana after being released from immigration custody.
“The physical abuse Elias suffered was so severe that he was hospitalized for his injuries,” the complaint stated. “The neglect he faced was constant: Elias was often left alone for days or even weeks without food. Though other family members tried to assist, his home became a place of fear and danger due to his mother and her partner.”
Earlier in April, U.S. Citizenship and Immigration Services ended Elias’ deferred action “without any advance notice or opportunity to respond,” the complaint added. His father was briefly detained by ICE in May and instructed to return to Guatemala with his son. On May 21, 2025, Elias was deported to Guatemala “without a removal order” after being held in a hotel room in Alexandria, Louisiana, for about 12 hours. The National Immigration Project, a collective of legal advocates and community members, called this action a “flagrant violation of federal law and Elias’ constitutional rights.”
DHS maintained that Elias “was NOT illegally removed” and that “the father and son received full due process” before being ordered to leave the country. The case is still in litigation, while other youths remain in ICE custody.
